Columbus and Delaware, Ohio Family Law Attorney

If you are contemplating divorce, dissolution, legal separation or have a child custody matter in Columbus or Delaware, Ohio, contact Johnson Legal, LLC and speak with an experienced Columbus and Delaware, Ohio family law attorney. Attorney David Johnson of Johnson Legal, LLC will discuss your case and assist you in preparing for divorce, dissolution, legal separation or child custody proceedings. Call Johnson Legal, LLC at (614) 987-0192 or send an email to schedule a consultation regarding your family law matter.

Family Law in Ohio

When a family-related issue arises and needs to be resolved, a strain is put on you and your family, which can cloud your better judgment. If you are currently facing a family law matter, Johnson Legal, LLC is here to assist you. When the complex legal implications of your situation mix with the stress and frustration, you need an experienced family law attorney. Attorney David Johnson will help you remain well-informed and level-headed during the entire process, while being sensitive to your unique concerns and goals.

What is Family Law?

Family law constitutes a multitude of different areas of law, but generally concerns the legal implications that arise from family disputes. Johnson Legal, LLC can provide legal assistance in the following family law matters:

Divorce in Ohio

If you are either facing or contemplating divorce, choosing the right attorney to help you achieve your goals is the most important step. While divorce is a confusing and tumultuous time for a family, Johnson Legal, LLC will try to make the process as stress-free as possible. In order to accomplish this, Attorney David Johnson will guide you through every area that may be contemplated by your divorce, including:

Child Support
Child Visitation
Property Division
Spousal Support (Alimony)

During your initial consultation, Attorney David Johnson will listen to you explain the factual circumstances surrounding your situation, as well as your personal needs and goals for the divorce. Attorney David Johnson will then explain the legal issues which affect your case, while assisting you in developing a legal strategy to address both your short and long term concerns.

Dissolution

For couples who are amenable and have already considered how they would like to have property, debt, alimony and custody handled, a dissolution is a faster and less costly alternative to divorce. In a dissolution, the parties have already agreed upon each and every issue prior to the filing of any action with the court.

A dissolution can generally be completed within a matter of months and, if things break down, either party is free to file for divorce. However, a dissolution is sometimes a better alternative to divorce as the party can agree on how to address their issues without having a court tell the parties what they must do.

Legal Separation

Ohio allows for the termination of a marriage in three ways: divorce, dissolution and annulment. Legal separation, however, does not legally terminate a marriage. Having a legal separation does not mean you can remarry, and there are potentially a variety of issues related to filing your taxes, and assets and liabilities of the parties when one party dies.

A legal separation in Ohio is a court order where the husband and wife remain married, but live separately. It is very similar to a divorce in certain ways because it involves issues of child custody, child support, spousal support and property division. However, this is not a course of action you will want to consider without the advice of a divorce attorney.

Child Custody

Arguably the most important issues for divorcing individuals is who will care for their children. Child custody tends to be a contentious issues for most couples who cannot reach an amicable agreement. When this occurs, the matter must be taken to court.

Since child custody is almost always a battle, the court is put in the position of determining which parent is the best parent to make the decisions for the child. This means that having an attorney who is willing and able to zealously advocate on your behalf makes a critical difference.

When deciding on child custody, the court will determine what is in the best interests of the child. Courts tend to favor shared parenting. However, this does not mean parenting is split 50/50. One party is often designated the residential and legal parent (child(ren) primarily reside with this parent), while the other party is only a legal parent.

When determining child custody, the court will look to:

The physical and mental health of the parents;
Reports of domestic violence or abuse
The relationship the child(ren) has with both parents;
The child’s wishes, if the child is old enough; and
A variety of other factors in determining what is in the best interests of the child(ren).

Child Support

Child support issues can have a significant effect on both children and their parents. Attorney David Johnson of Johnson Legal, LLC can assist you in negotiating fair child support payments under the Ohio child support guidelines at the time of your divorce. The determination of child support is a complex process and is best done with the aid of an experienced divorce attorney.

Johnson Legal, LLC can assist you with a variety of issues related to child support, including:

Modification
Enforcement
Paternity

For modification, Ohio law recognizes that circumstances can change after a child support order is issued, such as the loss of a job or substantial increase in income. Attorney David Johnson can assist you in increasing or decreasing the child support payment ordered by the court. We can also help you in enforcing an existing child support order or ensuring that those who make payments can exercise their right to see their child(ren).

If a child’s parents were not married, Johnson Legal, LLC can assist you in establishing parental rights and payment obligations through paternity DNA testing.

Spousal Support (Alimony)

Spousal support (also known as “alimony) is generally disfavored by courts in Ohio. Of the multitude of issues in a divorce, spousal support is particularly difficult to predict because the amount, length and term of spousal support is primarily within the discretion of the judge.

While courts in Ohio are required to follow a statutory formula to calculate child support, no such guideline exists for calculating spousal support. Moreover, spousal support can be temporary, short-term, long-term or permanent depending upon a number of factors the court will consider. Therefore, it is important that you retain an experienced divorce attorney to represent you and assert your rights. Call Johnson Legal, LLC at (614) 987-0192 to assist you in your divorce case.

Pre and Post-Nuptial Agreements

A pre-nuptial agreement (also known as an “ante nuptial” agreement) is a contract between a man and woman prior to marriage. This contract must be properly prepared and signed prior to the marriage to have legal effect. The pre-nuptial agreement details each of the parties’ rights and obligations in the event of divorce or dissolution.

While many believe it is in bad taste to create a pre or post-nuptial agreement, it is a wise precaution that should be considered. A pre-nuptial agreement can contemplate such matters as:

Alimony
Property Division
Debt protection from your spouse
Expectations and financial rights during the marriage.

If you are already married, you can still create a post-nuptial agreement that can provide some protection in the event your marriage ends in divorce or dissolution. However, post-nuptial agreements have strict requirements that must be adhered to because you are already married and courts generally disfavor them.

Property Division

When a divorce or dissolution is being settled, a divorcing couple must decide on how to divide their property and assets. If the couple is not able to agree, a court will decide on how to distribute the assets. Common examples of assets include real estate, vehicles, and cash.

A court divides property into two categories: marital property and separate property. Marital property is property that is acquired during the marriage, such as real estate, vehicles and retirement benefits. Separate property is property that is acquired separate by one of the spouses, such as inheritances, gifts and property obtained prior to the marriage.

If you feel that property division will be an issue for your divorce or dissolution, retaining an experienced divorce attorney at Johnson Legal, LLC to protect your interests is a must.

Contempt

When a party does not comply with a court’s order (e.g., parenting time, payment of child support, etc.), the aggrieved party may file a citation in contempt. A hearing will be held to determine if there has been a failure to abide by the court’s order.

If the individual is found to have violated the court’s order (i.e., contempt), the court may:

Sentencing the person to a jail term
Order the payment of monetary sanctions and/or attorney fees
Require the offending party to take other steps to become compliant

In matters involving support payments, there may be action taken to garnish the wages of the obligor (the person ordered to pay support). If a parent is not compliant with the visitation schedule (e.g., not allowing the other parent their parenting time), the court may take action to enforce their order. This can include the one of the aforementioned sanctions, but can also include an award of make-up parenting or modifying the court’s prior order regarding parenting time.

Grandparents Rights

A common question that Johnson Legal, LLC receives concerns what rights a grandparent has when he or she is concerned about their grandchild’s well-being. Grandparents do have legal rights in Ohio, including custody and visitation. However, these rights can be difficult to assert. Choosing the right attorney to represent you if often times the difference between success and failure.

Johnson Legal, LLC

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Family Law